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Circumstances under which the employer may not dismiss a employee in China

Time:2017-07-08 21:02:02Source:Click:

In the case any of the following circumstances occurring to a worker, the employer unit may not discharge the labor contract  with prior consent from the employee:

(1)Any employee that conducts operations exposing him to occupational disease hazards has not gone through an occupational health check before leaving his post, or is suspected of having an occupational disease and is under diagnoses or medical observation;

(2)Any employee has occupational disease or he has lost or partially lost his capacity to work as confirmed due to an injury relating to his job during his employment with the employer;

(3)Any employee is suffering from illness or is being injured irrelevant to his job, and the period of medical treatment as prescribed therefore has not expired;

(4)Any female employee is in her pregnancy, confinement or nursing period;

(5)Any employee has been working for the employer for exceeding 15 years continuously and is less than five years away from his legal retirement age; or

(6)Other circumstances as prescribed by laws or administrative regulations.